Not ready to bend over for landlord

Fernella

I was wondering if I could get some advice.
- I have been renting a property for nearly 4 yrs. Lived with partner and kids and together, with landlord permission made a number of improvements at my expense to make us comfy. Broke up with partner last year, become a single parent can't do works myself, boiler breaks down and have to call landlord for first time in ages.
- After 2 weeks of accepting goodwill for showers, a poorly child and being shrugged off by landlord I ask if I can pay for fixing myself and take off rent. LL refuses and we argue. LL tells me night before that she will be attending the property with plumber and her mate from the police (who attended because she reported a potential breach of peace), fixes problem and scares the life out of me!!
- A few weeks later LL arranges an inspection and issues me with deposit cheque and 2 months notice to evict.
- I rang shelter and started looking for new home even though I wasn't sure eviction was invalid. Had somewhere lined up that fell through (gazumped) with time is running out I ask for extra time, LL refuses to give me more time and has applied for an accelerated possession order.
- I visit CAB and learn I should also have had annual gas safety checks and advise to fill in defence form and counter for 3xdeposit and interest even though initial deposit had been returned. There's nothing I can really do about the eviction
-Thankfully I have found another house that my family are helping me buy but may not have completed by the time court stuff plays out so I am living amongst boxes with man and van on speed dial
- I am furious to be treated so badly when I was a model tenant and know people will judge me for going after the 3xdeposit and interest but given the stress I have been put under and the difference that ££ will make to me and my family, my conscience is clear.
- Could someone please help confirm if I need to send a letter before action even though I have sent emails to landlord (which ignored) that deposit was not protected. Also do I have to give full 14 days for response as the accelerated possession order may mean I will no longer be here and I don't know if I would be still able to take action. I also want to be sure that I have applied to court using the correct form N208?? Also if anyone has any advice of the above. From what I've been reading in old threads I need to do this now before I leave the property otherwise I will not be able to pursue legal action.


Any advice most gratefully received - Literally losing hair!

anselld

There is no rush to claim for non protection of deposit.
As you have said it will not help you regarding the posession hearing as the deposit has been returned. You can still claim for non-protection after you have left and the tenancy has ended.
You should report lack of Gas Safety Certificate immediately here ...
https://extranet.hse.gov.uk/lfserver/external/lgsr1

da_rule

Did you get the name of the 'police officer'? I'd report him to his force too, basically being used as a hired goon.

As has been said there's no immediate rush to get things started, and going to court does incur certain costs, but you should be able to claim these back if you win. Also, depending on your financial situation you may not have to pay. A letter before claim is relatively easy if you follow the practice directions and Civil Procedure Rules. If you do need any help then give me a shout.

Pixie5740

Nobody is judging you for claiming for the non-protection of the deposit. You are perfectly entitles to do so and as anselld says, you don't have to make the claim whilst you're still living in the property, you have up to 6 years to make the claim.

I second reporting the lack of gas saftey certificate too.

Where in the UK are you based as the LL might have additional obligations depending on which country you are in.

da_rule

Does anyone think there would be a claim under section 215(1) of the Housing Act 2004? In that the section 21 notice could be considered invalid because of the LL's failure to protect the deposit.

silvercar

da_rule wrote: »

Does anyone think there would be a claim under section 215(1) of the Housing Act 2004? In that the section 21 notice could be considered invalid because of the LL's failure to protect the deposit.

No, as the deposit was returned.

da_rule

silvercar wrote: »

No, as the deposit was returned.

Under Section and 215(1)(b) and 215(2) a section 21 notice cannot be served when the initial requirements have not been met. Could the OP therefore treat the s21 as invalid. Then when the court forms come through for eviction, file a defence based on the prescribed information not being given and counter claim for non-protection. The Land Lord would then have to give the prescribed information and issue another s21.

Is this possible?

jjlandlord

da_rule wrote: »

Under Section and 215(1)(b) and 215(2) a section 21 notice cannot be served when the initial requirements have not been met. Could the OP therefore treat the s21 as invalid.

No, as the deposit was returned.

pinkshoes

Personally I'd come to an agreement with the landlord that he lets you stay renting the property until you complete on your house sale, and then you won't sue him for 3x the deposit for failing to protect it.

da_rule

So simply by returning the deposit the Land Lord can do what he wants and the section 21 (assuming it is worded correctly) will remain valid? Have I missed the part in the Housing Act that specifically says that or does it come from another Act/case law? As s.215(1)(b) says that a section 21 will not be valid where the prescribed information at the start of the tenancy hasn't been given. There is not a caveat to that (that I can see) that says 'unless the deposit has been returned'. I see that s.215(1)(a) wouldn't apply as it talks about the deposit being 'held' which of course it no longer is.

Sorry for the questions, I'm sure this has been answered multiple times in this forum.

Fernella

da_rule wrote: »

Did you get the name of the 'police officer'? I'd report him to his force too, basically being used as a hired goon.

As has been said there's no immediate rush to get things started, and going to court does incur certain costs, but you should be able to claim these back if you win. Also, depending on your financial situation you may not have to pay. A letter before claim is relatively easy if you follow the practice directions and Civil Procedure Rules. If you do need any help then give me a shout.

With hindsight there's so much I wish I did that day including taking the police officers name and badge number. I did consider gooing to my local station to find out if it was logged but i am afriad of reprisals, living on my own.

It's because I wasn't clear on if I had to file whilst in the property (because initial deposit has been returned) that I am doing it now but now I can relax a bit.

I have found a great letter in an old thread which I can use but I wanted to be clear about whether I needed to do the whole letter before action bit because so far LL has outwitted me and giving any kind of notice when LL obviously knows the law and has danced around it, could put me on a back foot.

BTW - The LL accelerated possession order has been made from a different address to where I know she normally lives any ideas why this might this might have been done?

YOU ARE ALL ANGELS - thank you for your advice da rule, silver car, pixie, anselld